Acórdão nº 9210728 de Court of Appeal of Porto (Portugal), 08 de Fevereiro de 1993
| Magistrado Responsável | PIRES DA ROSA |
| Data da Resolução | 08 de Fevereiro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - DIR RESP CIV.
Legislação Nacional: CPC67 ART650 N2 F ART664 ART272. CCIV66 ART504 N2. CE54 ART58 N4.
Jurisprudência Nacional: AC RP DE 1980/04/08 IN BMJ N296 PAG334. AC RP DE 1981/04/30 IN BMJ N306 PAG294. AC RC DE 1991/06/11 IN CJ ANOXVI T3 PAG87.
Sumário: I - O processo civil é um processo dispositivo de parte em que ao peticionante compete alegar todos os factos que julga atinentes ao seu direito. II - Essa alegação tem de ser feita no tempo e lugar próprios, designadamente e em princípio nos articulados normais e supervenientes, em respeito do chamado princípio da preclusão. III - E, assim, o tribunal de recurso só pode apreciar factos trazidos aos autos no tempo próprio pelas partes, às quais está vedada a possibilidade de, em via de recurso...
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